government funding for civil cases

• availability of legal aid


  comes from government's budget

  set amount available each year

  government can't afford to make it available to everyone

  finite fund - decreasing each year

  priorities for funding
• merits criteria


  s.11 LASPO sets criteria for the availability of legal aid

  cost of providing service and benefit

  availability of resources

  importance for individual and their prospect of success

  availability off other services

  public interest
• means testing


  a person applying must show that he doesn't have enough money to pay for his own lawyer

  automatically qualify - if they receive income support, if disposable capital also below set level

  if gross income above - not qualify
• disposable income


  gross income, taking away

  tax, national insurance, housing costs, childcare and allowance

  if amount below minimum - don't need to pay contribution

  above maximum - don't qualify

  between - pays monthly proportionate contribution
• disposable capital 


  meaning assets (money in the bank)

  maximum £8,000 - if over, funding not available

  even under £8,000 - may still have to pay contribution

  value of home taken into consideration